What the service includes
A prenuptial agreement is more often seen as a sign of distrust, but in practice it is a tool for protecting a business. Without one, an operating company in which a stake was acquired during the marriage automatically falls under the regime of joint property and may be frozen for the duration of a divorce dispute.
We prepare prenuptial agreements around the real structure of the spouses’ assets, including business, investments and property abroad, and we also support the defence or challenge of existing agreements in court.
A separate category of enquiry is the prenuptial agreement for practising entrepreneurs preparing to bring in an investor or sell a stake. In that case we align the wording of the agreement with the company’s corporate documents, the articles of association and the shareholders’ agreement, so that they give no grounds to question the ownership structure. For couples where one spouse expects substantial growth in capital in the future (options, a stake in a start-up, an expected inheritance), we build into the agreement a mechanism for revisiting its terms when specific events occur, rather than fixing the regime once and for all. We also prepare such an agreement for spouses who are already married, if none was made earlier and the business is by now generating income.
What the service includes:
Who it is for
The situations clients most often bring to us on this topic.
How we work
A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.
Analysing the asset structure
We establish which assets each spouse holds and which may appear in the future, since the content of the agreement depends on this. Timeframe: 2-3 days.
Drafting the terms
We prepare the terms so that they are legally robust and do not put either party in an extremely unfavourable position. Timeframe: 3-7 days.
Notarisation
We support the signing and notarisation of the agreement, which is a mandatory condition of its validity. Timeframe: 1 day at the notary.
Defence against challenge
If anyone tries to challenge the agreement in future, we defend its validity in court. Timeframe: as required.
What you will need at the start
We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.
Key figures
Experience in this practice area specifically, not in practice as a whole.
Common mistakes
Seeing the agreement as a sign of distrust. A couple turns down a prenuptial agreement, taking the very proposal as doubt about the strength of the relationship, when in practice the document above all protects business assets and settles future disputes over the division of property in advance. The absence of an agreement does not strengthen trust: it merely leaves property questions to the court’s discretion in a dispute.
Personal terms instead of property terms. People try to put into the agreement provisions on sharing household duties, bringing up children or remaining faithful, without realising that the law allows only property relations to be regulated by agreement. Such clauses are void and have no force even if both parties have signed them.
An agreement that ignores future assets. The agreement is drawn up only for property that exists at the date of signing, with no provision for future acquisitions: a business, investments, real estate bought later. After a few years the document no longer reflects the real asset structure and has to be redone or challenged in the part it leaves uncovered.
What you get
A notarised agreement with a clear asset structure. The client receives a document that unambiguously determines the regime of each asset in the event of divorce.
An operating company protected from division. The stake in the business remains the founder’s personal property regardless of what happens in the marriage.
Consistency with the articles of association and corporate documents. The terms of the prenuptial agreement do not conflict with the company’s shareholders’ agreement and create no risks in investor transactions.
An agreement resilient to future challenge. The wording stands up to scrutiny in court if one of the spouses later tries to have the agreement declared invalid.
Related
Frequently asked questions
Can a prenuptial agreement be made during the marriage, and not only before the wedding?+
Yes. A prenuptial agreement can be made at any time during the marriage, not only before it is registered.
Can the agreement cover a future business that does not exist yet?+
Yes. If properly worded, the agreement can also extend to assets that will appear in the future.
On what grounds can a prenuptial agreement be challenged?+
Most often, where the agreement places one party in an extremely unfavourable position, or was signed under pressure or at a time when the party did not understand the meaning of their actions.
Does the agreement have to be notarised?+
Yes. Without notarisation a prenuptial agreement has no legal force.
Can a prenuptial agreement be made with a foreign spouse?+
Yes, the law allows it, but you need to decide in advance which country’s law will govern the spouses’ property relations and consider whether the agreement must be legalised to be valid abroad.
What happens to debts that a spouse incurs after the agreement is made?+
If the agreement does not expressly determine the fate of future obligations, the general statutory regime applies to them. The way debts incurred during the marriage are to be allocated should therefore be set out in a separate clause, not left to the discretion of a future court.